Privacy Notice

Data Controller – Somerset Council – ICO Registration Z5957592 

Data Protection Officer Contact – informationgovernance@somerset.gov.uk

Purpose for processing

The personal data you provide is used to assist in the making of statutory development plans (for example the Local Plan), and to identify appropriate sites for Biodiversity Net Gain and Nutrient Neutrality measures. The personal data is specifically use in relation to the call for sites and land availability assessment for these purposes. This includes making the responses received available to be viewed both in the council offices and online and maintaining an archive of historic plan responses. Contact details are held for current and future planning policy consultation exercises.

To provide this service, it is necessary for the council to collect, store and process some personal information. Safeguards are in place to ensure that this data is kept secure, and the privacy of individuals is protected. This notice should be read alongside the council’s Privacy Policy and Planning Policy Privacy Policy.

How and what we collect

As part of the local planning authority service and in particular the call for sites and land availability assessment, the council may collect information about you and land in a number of ways, including:  

• Information you have provided for use through the call to sites; 
• Information you have provided for use as part of previous land availability assessments;  
• Information you have submitted in relation to a planning application and is publicly available on the planning register;  
• Information submitted as part of a pre-application enquiry;   
• Information obtained as part of an enforcement enquiry.  

We collect information directly through online web tools. We may also collect such information through paper forms, email or letter which may then be uploaded to a web tool. 

The information we collect will depend on the services delivered but may include: 

• Name
• Address
• Email address
• Phone number
• Contact information for third parties (such as planning agents, landowners)
• Land ownership details
• Intention to develop land  
• Development agreements
• Information about land including its use and condition
• Development viability information

There is no requirement for or need to use sensitive personal data.

Legal basis for processing

We rely on the following provisions of the General Data Protection Regulation as the lawful basis for processing your personal data:

• Legal obligation for Somerset Council to assess housing land supply to ensure the local plan remains up to date. Section 19 Planning and Compulsory Purchase Act 2004 (legislation.gov.uk)
• Legal obligation in response to the Biodiversity Net Gain requirement. Schedule 7A of the Town and Country Planning Act 1990 (as inserted by Schedule 14 of the Environment Act 2021).
• Public task – to secure nutrient mitigations. Ministerial Written Statement Written statements – Written questions, answers and statements – UK Parliament and Chief Planner Letter Nutrient neutrality and habitats regulations assessment update (publishing.service.gov.uk)

Special categories of personal data being processed (if appropriate)

Not applicable. 

Legal basis for processing special categories of personal data

Not applicable.

Data sharing

In order to provide our services, it is necessary to share your information with Urban Intelligence Ltd, a contracted consultancy assisting Somerset Council with the call for sites and land availability assessment. This sharing is controlled using a data sharing agreement to protect your privacy. 

Data may also be shared with: 

• Visitors to the Council Offices (if requested) 
• Published on the council website (redacted version) 
• Legal and Planning Bodies such as Planning Inspectorate
• Other council departments 

The following information submitted will be made publicly available:     

• Site location, shape and size.  
• It’s availability for development.  
• What source of supply the site forms part of, such as call for sites, potentially surplus public sector land, extant planning permission.
• The Council’s assessment of a site’s development capacity, availability, suitability and deliverability for specified land uses. 
• A public report containing the name of anyone making a site suggestion and their summarised comments if using the site suggestion option.

Data security

We have appropriate security measures in place to prevent personal information from being accidentally lost or misused. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.  We have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are required to do so. 

Your data will not be transferred abroad unless you are specifically informed at the point your data is collected. 

Data retention

Original Submissions may be held for a maximum of 15 years from adoption of plan. Summary information held in plan-making documents (for example statements of consultation) may be retained permanently for historic value.

Your rights

Under the General Data Protection Regulation, you have a number of rights in relation to the data we hold about you. These include the right to ask for a copy of your data, the right to rectify or erase your personal data, and the right to object to processing. However, these rights are only applicable if the Council has no other legal obligation concerning that data.  Further information about your rights and how to exercise them can be found on our website – Your rights on the information we hold about you. 

You also have the right to complain to the regulator (The Information Commissioner) and details can be found at Make a complaint – Information Commissioner’s Office.

 In some case if you do not supply your information to us, we will not be able to provide you with the services we are obliged to provide by law or any supplementary service you have asked for.